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Posted on 20 Apr 2009
Q.

Travel back to US on Advanced Parole with H1-B stamp in process

I am currently outside US waiting for my H1-B stamp. My old H1 stamp expired in Sept. 2008. I also married recently and my wife received her first H-4 stamp (valid till Sept 2011) but my H1-B stamp hasn't arrived yet and is stuck in admin. processing for more than 2 months. I also have my Advanced Parole which is valid till October 2009 and EAD valid till October 2010.

I have the following questions,

a) Can I re-enter the US using my AP while my H1-B stamp is pending without abandoning my H1 status? I am not going to use my EAD since I am not switching employers.

b) Can my wife travel using her H-4 stamp with me while my stamp is in process? Does using my AP affect her status as well?

c) Once my wife is in US can she also get included in my I-485 and apply for her EAD and AP?

User's Location: Pakistan
Category: H1B Visa (Work Visa)
Posted on 22 Apr 2009
A.
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689

www.immigrationboston.com

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